Alta Workers Compensation Attorneys

A work injury in Alta can leave you facing an unfamiliar process, from an independent medical exam you have never been through before, to concerns about whether your employer will keep paying the benefits you are owed. Whether your injury involves your shoulder or another part of your body, Iowa workers' compensation law provides real protections, but only if you understand how the process works and take the right steps at the right time. Below, we cover what to expect at an independent medical exam, whether your employer can get in trouble for stopping your benefits, and what to do if you injured your shoulder while performing a task at work.

What to Expect at an Independent Medical Exam in Alta

If you have been assigned a time to go to a new doctor for an Independent Medical Examination, or IME, it is normal to not know what to expect, since most injured workers have never done this before. Here is a general overview of what typically takes place.

The Exam May Start Before the Appointment

Sometimes the examination starts before you even enter the office. Before the IME, you may have paperwork to fill out. Be sure to check your mailbox to see if the doctor's office or your attorney sent any additional paperwork, since some doctors' offices also have a link on their website that allows you to download the paperwork, print it out, and bring it in. These packets often contain a medical history questionnaire so the doctor will have information about your injury, prior treatment, and any restrictions or impairment before you arrive.

Giving the Doctor a History

One of the primary elements of an independent medical exam is the history. It is important to be as accurate as possible. During this part of the exam, the doctor will ask about the history of your injury as well as your work history, which gives the doctor a clearer picture of what happens at your workplace and how you fit into it, and helps them gauge whether you are ready to return to work. Complete honesty is the best policy. If you do not know something, do not guess, simply tell them you do not know or do not remember. They may also ask about the treatment you have received, including what you yourself have done, such as icing the injury, along with which doctors you have seen and what those doctors recommended. Be sure to disclose your family medical history as well.

The Physical Portion of the Exam

Naturally, there is a physical part of the examination. Your height, weight, age, and other physical attributes might be recorded, and the doctor may examine the injury to determine things like range of motion, flexion, adduction, and other movement-related observations. Depending on the type of injury, the doctor may order X-rays or take your blood pressure. The doctor will then render an independent evaluation of their opinion on your work injury.

Can Your Alta Employer Get in Trouble for Stopping Your Benefits?

An employer can get in trouble if it stops giving an employee workman's compensation checks. As long as the individual is entitled to receive these benefits, the employer must provide them.

Employer Responsibility to Provide Workers' Compensation

Workers' compensation insurance is mandatory for most employers in Iowa. Employers are required to pay the premiums for this insurance and provide benefits to workers who are injured or develop an occupational illness during the scope of employment. The employer is obligated to initiate payment of weekly compensation benefits within 11 days from the date of disability, and payments must continue until there is a legal justification for terminating them.

Valid Reasons Benefits May Stop

One common reason payments may stop is if the employee's injury has healed and he or she has returned to work, but this must be based on a doctor medically releasing the employee, not the employer making that decision on its own. Payments could also stop if a doctor has determined the employee is unlikely to improve further from the injury, in which case other benefits like permanent disability may commence, or if the employee is medically capable of returning to the same work or something similar. Weekly benefits cannot be withheld from the employee without providing a 30-day written notice explaining the reasons for stopping benefits and the employee's right to file a dispute with the Iowa Division of Workers' Compensation.

Sanctions for Noncompliance

The employer could be required to pay the employee interest if weekly benefits are delayed, and a failure to comply with workers' compensation laws could lead to further sanctions, including an award of up to 50 percent in additional benefits when there was a denial or delay of weekly benefits. So while an employer can get into trouble, it is important that injured workers take steps to make sure the employer pays the benefits owed.

Injured Your Shoulder While Performing a Task at Work in Alta?

When you are injured in the workplace, there are a variety of steps you need to take to make sure you get the compensation you deserve, including filing a claim for workers' compensation. If you have injured your shoulder while performing a task at work, here is what you should do.

Seek Medical Attention Right Away

If you have sustained a shoulder injury, the first thing you should do is seek medical attention from a first aid team, an emergency room doctor, or another type of doctor or specialist. This person will provide the care you need, a diagnosis of the type of shoulder injury, and valuable medical information that will be essential when pursuing workers' compensation benefits.

Notify Your Employer

After receiving medical attention, the next most important thing to do is notify your employer of the injury. According to Iowa Workers' Compensation Law Section 85.23, the law requires that the employer have notice of the employee's injury within 90 days of the injury. The sooner you inform your employer, the better, since failing to do so within the 90-day period risks forfeiting benefits.

Document the Work-Related Shoulder Injury

When a workplace injury occurs, it is important to keep a thorough record of when the injury occurred, where it occurred, what you were doing and why, any medical information about the injury, the conversation you had with your employer regarding the injury, and any other relevant information. This documentation may prove essential in getting you the benefits you deserve when applying for workers' compensation.

File a Claim for Workers' Compensation

The majority of employees in Iowa are covered by workers' compensation in the event they receive an injury while at work, and a shoulder injury resulting from employment activities is also covered. Your employer or work supervisor should help you file a report of injury, which will then be sent to a claims management service. If your claim is approved, you will begin receiving benefits, but if it is denied, you will be sent a letter in the mail, and you should seek the help of a workers' compensation attorney immediately.